WIPO Webinar for Judges: Provisional Measures Governing the Search and Seizure of Evidence – Considering Anton Piller Orders, the Saisie-contrefaçon, and Related Mechanisms

In the adjudication of intellectual property (IP) disputes, many jurisdictions make available provisional measures providing the right to search premises and seize evidence without prior warning.  In common law jurisdictions, these measures are commonly known as Anton Piller orders, the name a reference to a 1975 English case.  Anton Piller orders and related mechanisms are intended to prevent the destruction of relevant evidence, as well as to obtain evidence of the existence and extent of an alleged infringement.

In France and other civil law countries, courts widely use the saisie-contrefaçon mechanism as a means of obtaining evidence in IP infringement cases.  When authorized by a judge, the saisie-contrefaçon enables an IP rights holder to call upon a designated official to record an infringement, with that official empowered to enter any place where the infringement might be observed and to seize evidence of the infringement.  Anton Piller orders and the saisie-contrefaçon typically operate as ex parte procedures, requiring no notification to or representation of the targeted party.

Join the next WIPO Webinar for Judges to learn from the insights and experiences of Judge Malik Chapuis (Third Chamber, First Instance Court of Paris, France), Justice Michael Manson (Federal Court, Ottawa, Canada), and Justice David Unterhalter (Gauteng Division, High Court, Johannesburg, South Africa), for an interactive webinar exploring issues such as:

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